Free Speech - Flyers and Flags

By Kelly G. Richardson, Esq. CCAL

Dear Kelly: Under Civil Code §4515, are homeowners allowed to post community gathering notices near the mailboxes or on the mailboxes if they are not blocking association notices? The board removed such notices. Other than small claims court, how does one address this issue? I asked for a message board, but that has been rejected. Now I am asking for guidance to alert communities to the implications of this rule. D.V., San Diego

Dear D.V.:

The Davis-Stirling Act has a few “free speech” sections, one of which is Civil Code Section 4515, added in 2018. Among other things, it protects the right of owners to “canvas and petition” members and residents, and distribute information to them, at “reasonable hours and in a reasonable manner.” The statute does not give members the right to use HOA bulletin boards or to access the HOA web site, for example. The implication of the statute is that it protects the right of members to go door to door to pass out literature. Normally HOAs have very limited bulletin board space to post board agendas and announcements and lack sufficient space to allow all members to post personal bulletins. Also, in sending out flyers or literature, avoid using official U.S. mail post boxes or attaching anything to them - federal law has since the 1930’s barred anything but official U.S. mail being put in mailboxes.

Thanks, Kelly 

Dear Mr. Richardson:

What are the laws regarding flying flags and banners from outdoor patio balconies? I have a neighbor flying two flags. Our HOA has not adopted a size restriction, nor have they adopted a rule stating that only one flag is allowed to be flown. Do the current state and federal laws restrict the number of flags being flown off balconies? What kinds of flags may be flown? What materials and size? How should they be displayed? When should they be flown? What is the number of flags per household that can be flown? Sincerely, S.K., Coronado 

Dear S.K.:

Non-commercial signs and banners are protected and may be displayed on or in a member’s residence under Civil Code Section 4710. The content of the flag may not be regulated so long as it is noncommercial, but there are limitations on the location, size, and material used in such displays. Signs or posters are limited to nine square feet and flags or banners are limited to fifteen square feet. These displays may be posted in the “separate interest” yard, door, window, balcony, or outside wall. However, in condominiums yards are often not part of the unit and so are not part of the “separate interest.” There is no limit on the number of displays, but they cannot be made of lights, building materials, plant materials, or balloons. A noncommercial display is not limited as to time or season, so I still receive occasional complaints about someone’s 2020 presidential campaign signs – it may be outdated, but if it’s noncommercial and otherwise fits the limitations it is OK. The American flag is separately protected by Civil Code 4705. Although you have a legal right here, be reasonable about your use of that right and be considerate of your neighbors. Don’t create an eyesore for them as you express yourself.

Best regards, Kelly

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